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-'R EWINNS).1ORO s. A O ,F A 87....._ [ . 1. NO 4TRI-W ,I .1I .j ,WINNS1$01t0, S. C., THLURSD)AY MORNING, FEBRUARY 8, 1877.(VL1.N..F ANCY CA Ig8,15 styles withname, l0ts. post paid. J. B.HUSTED, Na__egs, ,e ,! N, x..TiIIFLINGWith a Cold i$ Always paogroy,WELLW 'a 1cl nlet,a sure remedy for Coughs, and all Diseases of the Thropt, Lungs, Chest andMujouq M embrane.PUT UP ONLY IN BLUE BOXES.Sold by all Druggists.C. N. CRITTENTON, 7 Sixth Avenue, N. Y.,BUSINESS.ja We want 501 more first-class Sewing Machine 4gents, and 500 men ofquergy and ability to learn the businessof selling Sewing Machines, Coriipegsa.tion liberal, but varyin according toability, chaaroter and q ej ions of theAgent. For particulars, AddressWilson Sewing Machhie Co.CIIICAOO.827 & 829 Broadway, Now York, or NewOrleans, La.ENTEN'tHIBITIONIt contains 330 'ine engravings of buildings and scenes in the GrWf, Exhibitionand is the only authentic and completehistory published. It treats one of thegrand buildings, wonderful exhibits,enriosit s, "grat evebte; ',to a Very:olrcapand sells a p'gt.; . Ope 4gent -sold ;4Pcopies in bnhd ay Send for our extra.terms to Agents and a full description pfthe work. Address National Publidilfig,Co.. Phila.,Pa., or St Loxgig,MoLAIJTIoN. Unreliable 'a it41t1- n-books on $he $s tjtoi1pbfip ng circa.lated. D6 not be deceived. See that the.books you buy contains 874 pages and430 fine engravings.-Wp;ulerful S egg.!, 25,000.OF THECENTENNIAL .EX QSITIONSold in 60 .days ,It .being the onlycomplete l9wprIce.pk 71 pages only.$'2.AItreating of the ot'tiro history,grand;buildings, wonderful exhibits, curiosities,great days, etc.; illustrated, id. $1, cheaper than any other; everv'booy wants it.oae -uaw agent cleared $350 in 4 weeks.,3,000 agents wanted- Send iiicl. for,proof of abov *, opiniops of officials clergy,and press, sa ' pie pages, full description,and our extra o . ,.'ii!., IPa. Caution. Beware of falselyclaimede'ik -- less- books. Sondfor p roo(AT 6F ar e a d 1l e Ia s albss ell in stnryi~world. It containses set of per 13envet p4s Unell, "y )enloi1tpp v ppc alrti, cIogaa15i.I~plaiert sleeve buttonssnd fish onabiof.ncy t pin an dr post.ptId,t cent. 6 paekages, with assorted Jewelry,TWEL'VE'.artilIn~ssifIsL.OYD (CMIII' I N ,Ctb.usmed assa ECH lEa1oilter nhd Pen.' .te..enkitfb.ls tr-cttr snINEWGCflY STORU~I*VING fen charge-of -tl GroZery Store formerly cnpied by .-L. DanneM $ da fresh and choice atog tnes .a9. -as ot Dec.~ 4{~ a.akf.DT ~ )~t T ,Ng .'f/ADE*YTtSfP,250.40 w{Q Mn of ieeIn vars oew papers di rBywill be sold for eash.' A u.bes~vn r and ggpe q ga~PublishPrs anti PrintersCan buy diroot of the Manufaoturer onfavorable terms."'fn Asso HAIAngY CUTTING IACIIINEsare the bea and chonyost low pricedmachine made, and have i national repu.tation for utility and durability."-TheElectrolyper, Chicago.Tus 'ANiON IIAnRY PAPAU CUTTER is byp r the best machine which can be obtained for a loss price than one hundreddollars. It is of great strength. 'Thestmachines have always tallken tie higheststand. It is the only m. chino to whichis applied the Pant lovable CuttingBonrd. This device has a reputation ofitself: by it, the cutting board can bo instantly and accurately moved, so that aperfect cut is insured, This is a very imQr4int point in the milachiue, anid oned1 s possessed by no other. It greatlyreduces the labor of pteparation in working the paper backward and forward.We cannot too strongly recommend theadvantages of this patent movable board.It is worth the price of this machine, andpurchasers should fully understand howhighly it is to be valued."-Geo. P, Rowell& Ca.', Newspaper Reporter cumd 'rinter'sGazelle,T'rn LATEST IMPROVED HARDY CARn CU:'PTER 1 pronounced the most desiraheCard Cutter in the market, for the generaluses of a printing office.The well known Ruoo(Es CAun CTTER.,with my ato t ' nlprovemeonts,. is still preferred b3 ~a spyjpefrs, n.1 holis itsfavoritis ' e ,thedimachinos.lne genuine but those having my fullda dess lettered in the casting,._. Newspapers in want of advertisingfrom firat parties should send for mycircular.F. A.UAR)Y,A nhubrnlle, Mass.I will buy of tiosc that buy. of me.declLCONOR & CHANDLERCALL A77'EN7IONt'T0 THEILR NEW STKJC OFSTERLING SILVERWARE,REDUCED PRICi';.Table Spoons,Teai gprnsrrigar 8booni ,Table Forks,Pap Spoons,Butter Knjves,-Pickle Forks,AhNDLadeo $ o 12ext..thh sdec. 7.CONGRESS STREETw0.tI AD.E8PORTES'110 I~ II it 1DRY GOSIji-amQPgb~AIhTD SR~OE8,iA. WINES,.*vof .' v Etc., to.WHY HAMPTO1 IS GOVERNOR.JUDGIE MACKEY NTERI ET'1ETS THECONST1'T UT10 .A Aeview of the facts--Tho pretensionsof Chamberlain Exposed- -Sound La'wand Sound Policy.Judge Mackey has rendered adecision affirming the constitutionality of Goverror Wade Haipton'selection and installation as Governorof South Carolina. The opinion iswritton out at length and a synopsisonly is hero given. The decisionwas rendered in the matter of ahabras piorpu nydo by Aimzi losborough, a colored man sentencedon the 22d September. to sixteenmonths imprisonment in tho jail ofChester, for assault and batteryupon a white man. A pardon wasissued by Governor Hampton toRosboroughi, whiph the sheriff ofChester refused to recognize. W.A. Walker, Esq., appear,;d for theprisoner, and Solicitor Gaston forthe shoriff. The w-vit was madoreturnable on the 31st January.The opinion was f'led on the 3d4'ohruary,Judge Mackey declares that theissued involved in the petition isthree-fold-as to the right of thepeople to have enforced their willexpressed at the ballot-box, as to theright of personal liberty of the prisoner, and as to the right of a citizcuto hold, and cxeci the dfntic ofan office to which it is alleged hehas been duly elected and intowhich it is alleged he has been installed,The .Court find as matters of factThat D. H. Chamborlain was electedgovernor in 1874. That an electionwas held on the' ith November, 1876,at which there were only two eandidaes, Wade Hampton and D. H.Chamberlain, and that by the returns of the County Election Coniiissioners, Hanpton received92,2;1, and Chamberlain 91,127votes, being a majority of 1134votes for 1I:1Imlpton.Tut one lunCjrecd aInd twentyfour membe:s were elected to the.ougo of I epresentittives. That ofthese fifty-a inn having einyiassingboard certificates claimed to organize nuder E. W. MAl. Mackey asSpeaker, and fifty seven holdingsaid certificates, and eight havingcertificates from the Supreme Court,but who had been dobarred( fromentering the hall .by the troops,sixty-five in all, met in CarolinaHall and organized with W. H.Wallace as Speaker. That Mackeydeclared Chamberlain elected byarbitrary thawing out the votes of.dgelichl ard n LauirenL withoutgoing through the formality of acontest. That the Supreme Courtdecided the Macl.cy House unoinstitutional, thereby rendering all itsacts unlawful. That Wallace canvassed the votes for governor inthe prasence of the ConstitutionalHouse and of such Senators asattended. Tha...th~ failure to at..tend ini a body by the Senato afternotification. from the House was arevolutionary act, i unprecedlen ted inhistory. That WVade Hampton wasdeclafo~d elected, by Speaker WVallace, and. thereuipon took the oath ofogi~c ii was qualified.A LEGAL INAUGURATION.The vote wvas declared uponcertified copies of , the county returns, and upon a certihicatoe of thetheu; Secretary of Stato, H. E.Hayne, that Wade Hampton -hadreceived, including the roeturns fromEidgefield .and . LaurQnp, 92,261votes, and 'D. HI. Chamberlain91,127. The Constitution providesthalt when original rotur~ns htave notb~een receivced, certified copies maybe received from the . Clerks ofCdiorts of the <ispeativo . counties.Much, mere should they be received.when 'fhe Secretary of State, by ga.revolutionary act, and ' a?agiantcon tempt 9f Cojrt, withheld the-ret,ur'ns,The declaration of the election ofjIapiptoppn3at stand pi1tii\.a formalodetis made, as prescribea1b)yv.,,before the General Assembly.,This Chamiboglgjg has mpt mnado,hiAfvie is estoppell from claiming thegiubernatorial office through' . theAs~ totreial< itff 'tho declara' o of the election .notwithistanding1hnon-attenda . : 9fy thiuyeng~fp&mpnciples unq.erlyng this haveW 54589i0 have~retite4 of the, itm'i n t e r t r lt'tpTustic aJrv-ha helM thatthfirst and fundamrnatal rule in relation to the intorprotation of all instruments applies to tho constitution-that is, to construe them according to the sense of the termsand the intention of the parties ;"the context, the subject matter,the efects anil consequences, or thereason and spirit qf the law."(Story on the Constitution, section399.)The central idea of the Congtitptjoi is the sovereignty of the people, and any intorpretatiol. Contradicting this is inproper. The position that the Court is called on tocombat is that after the people haveexpressed their choico of a ChiefMagistrate by their ballots, eventhough the electors shogld bo unanimnous in their choice, one branch ofthe Legislature, and that the lesspopular and luiferous, should havethe power of aid .lhling that choiceby merely abstaining from beingpresent at its ainnuiiciation. Suchal interpretation of the Constitutionought not to receive judicialsanction, unless it follows inovitablyfrom the plain words and manifestintent of the instrument.That illasitrous jurist, Chief Justico Marshall, said in delivering theopinion of the Supceo Court of theUnited States in the caso of theUnited tates vs. Fisher (2d GIranch501):"That the consequences are to beconsidered in expounding lawswhere the intent is doubtful is apriuciplo not to 1)O controverted.Where rights are infringed, wherefunda mental principles ;i":; overthrown, where the general system ofthe laws is departed from, the legislative inter t-ion must be expressedwith irre.iAtible clearness to inducea court of justice to' hlIOsHAJ adesign to effect such objects."In accordance with this the Court?numst hold that the clause of theconstitution that says "the Speakershall open and p)ublisli the returnsin the presenceo of both bogigs isbiinply directory, and the voluntaryand willful absence of the Senate didnot inval[icat.e such publication.1 Lord Mansfield's rule for determining whether a provision of a statuteis to be deemed mardatory has heroa striking exemplification. HisLordship itd in the celebrated cage.?f .ex is. Locksdale, (1 Burrows,K. B.. 447:) "Whether the provision of the statute is to be considered mandatory or not depends uIonwhether that which was directed tobe done was or was not _f ' theessence of the thing required."Tpcourt of Appeals of NewYork announced it as a settled ruleof construction, (People vs. Cook,8 N. Y.,) that "statutes directingthe imode of proceeding by publicofficers are directory, and are notregarded as essential to the validityof the proceedings themselves,unless it be so declared in thestatute."The provisions. pf a law which aremerely directory are not tQ be construod into conditions precedent.(Whitney vs. En. 'kot, 1 Baldwin'sUnited States Reports, 303.)The provision of the city charterof Newv York thaLt,,very pe'rsn app)ointed to office under the city govenent shall take the oath of officebefore the Mayor was lieldto beC merely directory ; ifit cannot be so taken, it may be admmintered by some oth'er officer.(Can iff' vs. the Mayor, &c., 4 E. D.Smith, 430.)THE TITLfi TO THlE OFFIcEis derived from -the election. Thep~ublication by the f~peakcr is butthe formal notice to the ,porsonelected, and4 to both houses and to,tiho public of the fac. of such election. TheJhyo houses do not act"both together" in Like apatter ofopening and publishing the returns~,but are presejnt as mere auditoi-s.Tholm constitution declares that 'thoSpeaker shall open and publish thereturns. Thecy are delive6red to hiinby the Secretar'y of State, and at notime are they in the custody ofeither house. Upon the Speakeralone is -devolved the whole autty tobe done in the premises. It willhardly be0 contended that if thieSenate had been actually pteent 'atthe opening of the r'ofurns and 'h'dobjectied to their being iblislied,tha~t such objection sliould 4'y~eavailed to i'ostrein~ the spdaker 'fromperforraing- his .constituitional dutyof publisippag'~ the ' returns of theelection f pov~rnor. The contu~ndous Absence of the Senate after4onotice can only be coundered j9faraete~o~ aprotestagaingts$phin, yet. no greater wggiLeam be 'atta 69 tqat than if 'thatbo~ , g op goally' present '4ndpostingagainst the pumbliention 9fth6 am1d rens.Thr n ar bt twocontingencies in which the GeneralAssembly can act pt all in relationto the election ' Q Governor, an4neither of thorn has occurred in thepresent case. Section 4 of article $of tlig eqirstitution provides that"the person having the highest num.ber of votes shall be governo> ; butif two or more shall be equal andhighest in votes, the General Assem.bly shall, during the sine session, inthe IfovsIo of 'Iepresentatives,choose one of thorn Governor vivavoce. Contested elections for Govornor shall be determined lyy theGeneral Assemblj in such manner asshall be prescribed by law."In this case two or more were not'J qual and highest''iri' votes." Ondreceived the highest number of votesand was declared Gov9rnor. ' Norwas the election contes'ed accordingto lawy before the general assembly.There is no doubt that our Stateconstitution of 17.00 was mandatoryas to the presence both of 'the Sonate and House when the vote forGovernor was declared, for the Govgrrgr suder that constitution waselected by the Sonate and Houseof Representatives, and not, asunder ours, by the people. TheSenate, thprefore, having no function to perform-at the publication ofthe vote for Goernor, it cannot bemaintained that its refispal to bepresent rond .rs such publicationinvalid. In refusing to recognizethe House of Reprosontntives, afterit had been duly adjudged the constitutional 1-ouise by the SupremeCp rt of the State 'the senate committed a lawless nd rvolutionaryact which hack no prochjaj'in thehistory of Amoricabi States.The Supretpe Court of the UnitedStates recognizes the 'decisions ofthe unpreme Court of any State.Yet this court is called op to annulthe will of the whole pdople oxpressed at the ballot box, and solemnly recorded and announced.The people hayo' niAke the grant,and have set .iioii' it'their broadseal, the grantee has cogiplied withall the conditions annexed, and thecourts are then called upon to doclare it .void becqpzse .thi' Senateper-d rely closed its eyeQnd refusedto witness the delivery.The ,Couit holds that WadeJIawpton having .ben 'elected governor on the 7th November, andhaving been so dealsi-1a by theSpeaker of the House, and havirngt1kOp1 .the dath of office is "the gov-.ornor of South Carolina." The war.rant of pardon issued.by hir mustbe respected and' the prisoner released.froni csrtody.Cigarette Making.A newspaper man cgQgevsed witha Nvcw Y'ork cheiiit.tni other dayon the subject of cigaretbo amqking,and was told that the growth 'cifcigarette smoking was doing moreto undermino the constitutions ofthe young menr of oni.,:untty thanalmost auything else. The gentleman said that he was .Qdistantlybeing called in consultation witheminent physicians, who 'wvre en.ddeavoring to discover the dause of.he~t to thWcy aipeared flaysteriousdiseases among the young men, ofthe families of somne of thieir 'nos'tinifluential p~atiepIts. ,p ndatly'everycase it was' discovered that 'thepriimary cause was cigarette smqk.,ing. The most deleteriojiis effectsof cigaretto smnoking raise frgm thepaper in whridh ' the tobinco iswrapp~ed. I~n , the man'.ufacture ofthis pcculjar paper white lead formsotie of the ,comnpgnent parts, andthis, as .is pf copirse known, is adeadly 'poison. Nathryally :thispoison is absorbed inito the system,p)roduces blotches on 'the face, injures the. teeth, asyd makes sores onthe lips. .These ay~east the- ine'vitable roidaltid of the mineral poisonabhsorked, an#~ mhay be seen time andaaoini in a 'day's walk-startlingwvarnings ,against the perniciouscustom.OUT.RAGE ON ZZABnOf3 EsD AuenPRECzpEiNT.-5dihe Detro " 'P~ress says: A chap who ~d1,er%haps, -,ead a newspaper item' southow 'a street car was 4#leared ofpassengers in shoit or4 er; ' when aman in the enen rf ;te car an.nounced that lip "the smalpot,tried the game j'dGratiot a venuecar yestei'day. p ting aboard thecar on Moprae avenue, be sob downbeside a ,g' fited. ,man s~g re.obje'ct.t'o riding beide a rnmall-pot,replied bg nan, 5t assome of thes4r g gnI shall heave you oat."1e ofpnhe topkfX joker** e1 ~l*4leg andEirried' uthean~sht hi fa ut /